HomeMy WebLinkAboutOrdinance 21710-04-2015 i
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ORDINANCE NO. 21710-04-2015
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AN ORDINANCE AMENDING CHAPTER 27 "POLICE,"
ARTICLE II "DEPARTMENT," OF THE CODE OF THE
CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, i
BY AMENDING SECTION 27-25, "POLICE OFFICER
SELECTION PROCEDURE; OATH; BOND" TO
ELIMINATE THE REQUIREMENT OF A .BOND FOR
POLICE OFFICERS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR
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ORDINANCES AND REPEAL CONFLICTING
ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Council of the City of Fort Worth ("City Council") finds that it is
in the general interest of the health, safety, welfare and order of its residents as well as visitors to
the City of Fort Worth ("City")to appoint police officers; and
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WHEREAS, the City Council finds that the City's requirement that a newly appointed
police officer be required to post a bond, as well as the Police Department's obligation to
preserve proof of that bond, is not required for a police officer to faithfully perform his or her
duties; and
WHEREAS, the City is a home-rule municipality under Article XI, Section 5 of the
Texas Constitution and defined by Section 5.004 of the Texas Local Government Code; and
WHEREAS, Texas law does not require a police officer appointed in a home-rule
municipality to execute a bond; and
WHEREAS, it is advisable to amend Chapter 27, Article II, Section 27-25 of the Code of
the City of Fort Worth to eliminate the requirement of a bond for police officers; and
WHEREAS,the City Council finds this Ordinance to be reasonable and necessary.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
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Chapter 27 "Police," Article II "Department," Section 27-25 "Police Officer Selection
Procedure; Oath; Bond" of the Code of the City of Fort Worth is hereby amended to be and read
as follows:
Sec. 27-25. - Police officer selection procedure; oath.
Ordinance No.21710-04-2015
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The members of the police department, other than the chief of police, shall be
selected from a list of eligibles prepared by the civil service commission, and in
accordance with such rules and regulations as the civil service commission may
prescribe; provided, that in case of riot or emergency the city manager or the chief
of police may appoint additional patrol officers and officers for temporary service,
who need not be in the classified service. Each member of the department of
police, both rank and file, shall have issued to him a warrant of appointment,
signed by the city manager and the police chief, in which the date of his
appointment shall be stated, and such shall be his commission. Each member of
the department of police shall, before entering upon his duties, subscribe to an
oath that he will faithfully, without fear or favor, perform the duties of his office,
and such oath shall be filed and preserved with the records of the department.
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SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (1986), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions I
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of such ordinances and such Code are hereby repealed.
SECTION 3.
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It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
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any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since f
the same would have been enacted by the City Council without the incorporation in this ordinance
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of any such unconstitutional phrase, clause, sentence,paragraph or section.
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Ordinance No.21710-04-2015
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SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the City of Fort Worth, or any other
ordinances of the City, that have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this ordinance, but may be
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prosecuted until final disposition by the courts.
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SECTION 5.
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All other provisions of Chapter 27 of the Code of the City of Fort Worth, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
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SECTION 6.
This ordinance shall be effective upon adoption.
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APPROVED AS TO FORM AND LEGALITY: ATTEST
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randon W. Carr Mary iVser, eity Secretary
Assistant City Attorney
ADOPTED AND EFFECTIVE: April 7, 2015
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Ordinance No.21710-04-2015
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City of Fort Worth, Texas
Mayor and Council Communication
COU'N.CIL ACTLON: Approve don 4/7/2015 -Ordinance o,
DATE: Tuesday, April 07, 2015 REFERENCE NO.: **G-18449 j
LOG NAME: 350RDINANCE AMENDMENT CHAPTER 27
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SUBJECT:
Adopt Ordinance Amending Chapter 27 "Police,"Article II "Department," Section 27-25 "Police Officer
Selection Procedure; Bond" of the Code of the City of Fort Worth to Eliminate the Requirement that Police
Officers Post Bonds with the City (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 27 "Police,"
Article II "Department," Section 27-25 "Police Officer Selection Procedure; Oath; Bond" of the Code of the I
City of Fort Worth to eliminate the requirement that Police Officers post bonds with the City.
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DISCUSSION: I
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The City Code currently requires that newly appointed police officers must, in addition to taking an oath of
office,"...execute the necessary bond requirement by the City Council, which shall also be filed and
preserved with the records of the police department."
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This requirement was created solely by City ordinance. No state law or regulation requires that a police
officer in a home-rule municipality must execute a bond as currently required in the City Code.
Staff believes that the original purpose of this provision was to allow the City to recover from-the surety in
the event that damages were awarded against the City in a lawsuit involving the respective police
officer. Courts later determined that these bonds were not recoverable by a city in cases of officer
negligence or misconduct. As a result, the Police Department recommends that the City Code be
amended to eliminate bond requirement. The recommended change will not affect the requirement that
police officers faithfully perform their duties or have any negative economic impact on City funds.
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FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on the i
fiscal year 2015 budget.
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FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Rudolph Jackson (6199)
Originating Department Head:
Rhonda Robertson (4213)
Additional Information Contact: Edwin Kraus (4121)
Logname: 35ORDINANCE AMENDMENT CHAPTER 27 Page 1 of 1